Kirsten Gillibrand has pledged to only nominate judges that will uphold Roe v. Wade as settled legal precedent — a move that commits to a judicial litmus test and marks an unusual step for a presidential candidate.
The New York Democrat grounded her decision in the "onslaught of Republican anti-abortion state legislation," releasing her pledge on the same day that Georgia Gov.
Brian Kemp will sign a controversial bill that would ban abortions if a fetal heartbeat can be detected.Gillibrand acknowledged that "traditionally, presidents and presidential candidates haven’t drawn lines in the sand on judicial appointments, to preserve the impartiality of our judiciary," she wrote in a Medium post, published on Tuesday. Instead, Gillibrand pointed the finger at Senate Majority Leader Mitch McConnell, who "obstructed and stole a Supreme Court seat," and President Donald Trump, who "nominated dozens of ideologically extreme judges hand-picked by far-right think tanks."
It's a move that Gillibrand hopes will help her stand out in the sprawling field of 2020 contenders, setting herself up as a leader on this issue. But it's also a commitment that the rest of the 20 Democratic presidential field would likely agree with. Gillibrand, for her part, has still struggled to break out of 1 percent in national and early state polling, even after formally launching her presidential bid with a rally in Manhattan last month.
It's also not the first pledge to address the judicial system. Democratic candidates have increasingly talked about "court packing," a proposal to add seats on the Supreme Court.
Sens. Kamala Harris, Elizabeth Warren, former Rep. Beto O’Rourke, and South Bend Mayor Pete Buttigieg, as well as Gillibrand, have all expressed at least an openness to the idea.Gillibrand's pledge tracks with her feminist messaging. Gillibrand has touted her donor base as majority female, and she has endorsed Democrat Marie Newman, a congressional candidate challenging an anti-abortion rights Democrat in a primary in Illinois.
"I have always stood up to protect women’s access to safe and legal abortion, birth control and health care at Planned Parenthood. I’ve vowed to overturn President Trump’s domestic gag rule — which prevents doctors from giving their patients information about the full range of reproductive health care — on day one of my presidency," Gillibrand said in her post. "And as president, I will protect our courts from anti-choice extremists."
At the bottom of her post, Gilibrand asks supporters to sign on to her pledge, which then redirects to the senator's website for email collection.
Article originally published on POLITICO Magazine